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N.M. marriage heats up as clerks seek guidance from high court

Local group say judgment before the end of September wouldn’t be surprising

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Santa Fe, New Mexico, gay news, Washington Blade

Santa Fe County is among those in New Mexico giving marriage licenses to gay couples (Photo by Karol M. via Wikimedia Commons).

The debate over same-sex nuptials continues to heat up in New Mexico as a total of eight counties have positioned themselves to give marriage license to gay couples and officials on both sides have filed lawsuits seeking a resolution to the issue.

On Thursday, all 33 New Mexico county clerks filed a petition with the State Supreme Court asking justices for clarification on whether granting marriage licenses to gay couples is warranted under the state constitution.

“Intervenor Clerks as a group cannot issue marriage licenses to same-sex couples with confidence of the legality of their actions without an opinion from this Court as to the responsibility and obligation of the County Clerk and legal validity of the marriage licenses being issued, including direction or authority to change the statutory forms,” the petition states.

The Supreme Court had previously decided in response to a petition filed by the National Center for Lesbian Rights and the American Civil Liberties Union that it wouldn’t immediately hear the issue of same-sex marriage, but wanted to lower courts to decide the issue on a expedited basis for a final judgment.

Pat Davis, who’s gay and executive director of ProgressNow New Mexico, told the Washington Blade the organization welcomes the move from county clerks.

“We’ve said all along that that’s the end goal of all, or the gold-standard answer that settles this once and for all,” Davis said. “So, we applaud it. We know the clerks have been looking for this as early as 2004 when the Sandoval County Clerk originally issued marriage licenses on their own, way back when. So from our perspective, it’s long overdue.”

Clerks say resolution from the New Mexico Supreme Court is needed in the wake of a decision from District Judge Alan Mallot that the state constitution requires clerks in in Bernalillo and Santa Fe counties to give marriage licenses to gay couples.

They note Mallot’s reading of the state constitution differs from two attorneys general who say same-sex marriage is unavailable under current law. They also question Mallot’s reading of how state constitution prohibits discrimination against gay couples when it explicitly prohibits discrimination based on sex, but not sexual orientation.

Davis said ideally he’d like to see the court accept the petition “very soon” to give clerks assurances on how to act.

“We’ve seen our Supreme Court act in as little as a week, and while that’s not likely in this case, it would not be surprising to a lot of us if this were settled before the end of September,” Davis said.

Meanwhile, the number of clerks in New Mexico that have decided to give out marriage licenses to gay couples — either under their own volition or under court order — continues to grow.

District Judge Sheri Raphaelson this week ordered Los Alamos County to give marriage licenses to gay couples, making it the eighth county in New Mexico where same-sex marriage is available. According to an analysis from AMERICAblog’s John Aravosis, the decision means 58.5 percent of New Mexico’s population has marriage equality.

Davis said the number of counties issuing marriage licenses to gay couples demonstrates that marriage equality is coming to the entire state at high speed.

“So, at this point, more than half of the residents of the State of New Mexico has access to the freedom to marry,” Davis said. “The ones that remain are in places where some of the clerks have indicated they would if their district court said they could. Ultimately, they all say they will if the Supreme Court does it.”

Still, Republicans have finally gone through with their announced plans to file lawsuits in New Mexico to stop same-sex marriages from happening. They’ve filed lawsuits in Dona Ana, San Miguel and Valencia counties — the three counties that are issuing marriage licenses to gay couples on their own accord as opposed to a court order.

In the petition filed in Dona Ana County, Republicans, including anti-gay State Sen. Willam Sharer, argue that the clerk should stop issuing marriage licenses because the county is operating outside state law.

“The Legislature is explicit in its prescription of the method of issuing marriage licenses; applicants must fill our an application that is substantially identical as the uniform marriage license application form, which requires both a male and female applicant,” the petition states. “Respondent has not been granted authority to issue marriage licenses in any manner that doesn’t correspond to those instructions.”

Davis said Republicans’ decision to file the petitions only in counties giving marriage licenses to same-sex couples without court order may, in fact, affirm the actions of these county clerks.

“We think it’s going to be pretty ironic, actually, that the Republican challenge may actually work to expand the legal protection for marriage equality across the state,” Davis said. “We haven’t found a single person yet who’s following this case and has any sense in constitutional law in New Mexico that thinks they’re going to prevail.”

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Congress

51 lawmakers sign letter to Rubio about Andry Hernández Romero

U.S. Rep. Robert Garcia (D-Calif.) spoke about gay Venezuelan asylum seeker

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

Forty nine members of Congress and two U.S. senators, all Democrats, signed a letter Monday to Secretary of State Marco Rubio demanding information about Andry Hernández Romero, a gay Venezuelan national who was deported to El Salvador and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT

“We are deeply concerned about the health and wellbeing of Mr. Hernández Romero, who left
Venezuela after experiencing discriminatory treatment because of his sexual orientation and
opposition to Venezuela’s authoritarian government,” the lawmakers wrote. They urged the State Department to facilitate his access to legal counsel and take steps to return him.

After passing a credible fear interview and while awaiting a court hearing in March, agents with U.S. Immigration and Customs Enforcement reportedly transported Hernández out of the U.S. without due process or providing evidence that he had committed any crime.

In the months since, pressure has been mounting. This past WorldPride weekend in Washington was kicked off with a rally in front of the U.S. Supreme Court and a fundraiser, both supporting Hernández and attended by high profile figures including members of Congress, like U.S. Rep. Mark Takano (D-Calif.)

U.S. Rep. Robert Garcia (D-Calif.) was among the four members who wrote to Rubio about Hernández in April. On Friday, he spoke with the Washington Blade before he and his colleagues, many more of them this time, sent the second letter to Rubio.

“There’s a lot of obviously horrible things that are happening with the asylum process and visas and international students and just the whole of our value system as it relates to immigration,” he said, which “obviously, is under attack.”

“Andry’s case, I think, is very unique and different,” the congressman continued. “There is, right now, public support that is building. I think he has captured people’s attention. And it’s growing — this is a movement that is not slowing down. He’s going to be a focal point for Pride this year. I mean, I think people around the world are interested in the story.”

Garcia said he hopes the momentum will translate to progress on requests for proof of life, adding that he was optimistic after meeting with Hernández’s legal team earlier on Friday.

“I mean, the president, Kristi Noem, Marco Rubio — any of these folks could could ask to see if just he’s alive,” the congressman said, referring to the secretary of Homeland Security, whom he grilled during a hearing last month. ICE is housed under the DHS.

“People need to remember, the most important part of this that people need to remember, this isn’t just an immigration issue,” Garcia noted. “This is a due process issue. This is an asylum case. We gave him this appointment. The United States government told him to come to his appointment, and then we sent him to another country, not his own, and locked him up with no due process. That’s the issue.”

Garcia said that so far neither he nor his colleagues nor Hernández’s legal team were able to get “any answers from the administration, which is why we’re continuing to advocate, which is why we’re continuing to reach out to Secretary Rubio.”

“A lot more Democrats are now engaged on this issue,” he said. U.S. Sens. Adam Schiff and Alex Padilla, both from California, joined Monday’s letter. “The more that we can get folks to understand how critical this is, the better. The momentum matters here. And I think Pride does provide an opportunity to share his story.”

Asked what the next steps might be, Garcia said “we’re letting his legal team really take the lead on strategy,” noting that Hernández’s attorneys have “already engaged with the ACLU” and adding, “It’s very possible that the Supreme Court could take this on.”

In the meantime, the congressman said “part of our job is to make sure that that people don’t forget Andry and that there is awareness about him, and I think there’s a responsibility, particularly during WorldPride, and during Pride, all throughout the month — like, this is a story that people should know. People should know his name and and people should be aware of what’s going on.”

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Wasserman Schultz: Allies must do more to support LGBTQ Jews

A Wider Bridge honored Fla. congresswoman at Capital Jewish Museum on Thursday

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U.S. Rep. Debbie Wasserman Schultz (D-Fla.) speaks at the Capital Jewish Museum in D.C. on June 5, 2025, after A Wider Bridge honored her at its Pride event. (Washington Blade photo by Michael K. Lavers)

Florida Congresswoman Debbie Wasserman Schultz on Thursday said allies need to do more to support LGBTQ Jewish people in the wake of Oct. 7.

“Since Oct. 7, what has been appalling to me is that LGBTQ+ Jewish organizations and efforts to march in parades, to be allies, to give voice to other causes have faced rejection,” said the Florida Democrat at the Capital Jewish Museum in D.C. after A Wider Bridge honored her at its Pride event.

Wasserman Schultz, a Jewish Democrat who represents Florida’s 25th Congressional District in the U.S. House of Representatives, added the “silence of our allies … has been disappointing.”

“It makes your heart feel hollow and it makes me feel alone and isolated, which is why making sure that we have spaces that we can organize in every possible way in every sector of our society as Jews is so incredibly important,” she said.

The Israeli government says Hamas militants on Oct. 7, 2023, killed roughly 1,200 people, including upwards of 360 partygoers at the Nova Music Festival, when it launched a surprise attack on the country. The militants also kidnapped more than 200 people on that day.

The Hamas-controlled Gaza Health Ministry says Israeli forces have killed nearly 55,000 people in the enclave since Oct. 7. Karim Khan, the International Criminal Court’s chief prosecutor, has said Israeli Prime Minister Benjamin Netanyahu and former Hamas leader Yahya Sinwar, who the Israel Defense Forces killed last October, are among those who have committed war crimes and crimes against humanity in Gaza and Israel.

A Wider Bridge is a group that “advocates for justice, counters LGBTQphobia, and fights antisemitism and other forms of hatred.”

Thursday’s event took place 15 days after a gunman killed two Israeli Embassy employees — Yaron Lischinsky and Sarah Milgrim — as they were leaving an event at the Capital Jewish Museum.

Police say a man who injured more than a dozen people on June 1 in Boulder, Colo., when he threw Molotov cocktails into a group of demonstrators who were calling for the release of the remaining Israeli hostages was yelling “Free Palestine.” The Associated Press notes that authorities said the man who has been charged in connection with the attack spent more than a year planning it.

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Sen. Schiff proposes resolution urging DOD not to rename U.S. Naval Ship Harvey Milk

Pentagon reportedly plans to change the name of ship named for gay rights icon

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U.S. Sen. Adam Schiff (D-Calif.) (Washington Blade photo by Michael Key)

U.S. Sen. Adam Schiff (D-Calif.) on Thursday introduced a resolution urging the U.S. Department of Defense not to rename ships that bear the names of civil rights leaders like gay rights pioneer Harvey Milk.

The move comes just after reports on Tuesday that U.S. Defense Secretary Pete Hegseth had ordered U.S. Navy Secretary John Phelan to rename the U.S. Naval Ship Harvey Milk, with an announcement deliberately planned for Pride month on June 14.

The vessel, a replenishment oiler, is part of the John Lewis class fleet. The Pentagon is also considering renaming other ships in the fleet including the USNS Thurgood Marshall, USNS Ruth Bader Ginsburg, and USNS Harriet Tubman, according to CBS News.

“By naming these ships,” Schiff wrote in his resolution, “the United States Navy has appropriately celebrated notable civil rights leaders and their legacy in promoting a more equal and just United States.”

Milk was assassinated in 1978 while serving on the San Francisco Board of Supervisors. Prior to his election to the Senate last year, Schiff represented California districts in the U.S. House since 2001.

Part one of his resolution “strongly supports the naming of John Lewis-class fleet replacement oilers after the aforementioned civil rights leaders as a fitting tribute to honor their contributions to the advancement of civil rights,” while part two “strongly encourages the Department of Defense not to take any action to change the names.”

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